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< Back < Previous | Next > Mediation Draft Smart, Resolve Smarter: How to Use Mediation Clauses Effectively 4 May 2025 Amid rising geopolitical tension, mediation is gaining traction in international contracts—but its effectiveness depends on clear wording and local legal interpretation. In an era of heightened geopolitical and economic uncertainty, international businesses are under increasing pressure to manage disputes swiftly and strategically. One of the most promising tools? Mediation. Often embedded in multi-tiered dispute resolution clauses, mediation is lauded for its confidentiality, flexibility, and cost-efficiency. But how enforceable is that mediation clause you tucked into your last international contract? A Dutch Turning Point In July 2024, the Dutch Supreme Court ruled on a dispute between two professional parties over whether their contractual mediation clause was enforceable (ECLI:NL:HR:2024:1078). The Court confirmed that such clauses can be binding in B2B contexts—but crucially, whether they are enforced will depend on the exact wording and the tribunal or judge’s discretion. As summed up in a recent Houthoff article, this leaves room for uncertainty: “The Dutch Supreme Court’s decision reaffirms that mediation clauses can be binding upon professional parties, yet it leaves the enforcement of such clauses largely to the discretion of arbitral tribunals, potentially undermining their effectiveness.” In short: your mediation clause might only be as strong as the words used—and the hands interpreting them. It’s Not Just the Netherlands The recent Dutch Supreme Court ruling adds to a growing body of international jurisprudence confirming that mediation clauses—when properly drafted—can be binding and enforceable. While some jurisdictions have long upheld such clauses, others are only more recently aligning with this approach. Together, these developments underscore that if businesses want their mediation clause to bite, it must be clear, operational, and deliberate. Here are some illustrative cases from different jurisdictions: Some illustrative cases: These cases reflect a broader trend: well-crafted mediation clauses are being taken seriously, even by the highest courts and tribunals. Ignore them at your peril. What Should Businesses Do? As the ICC’s recent guidance makes clear, dispute resolution clauses are no longer boilerplate. They’re strategic. Here’s how to make them work: Why It Matters for ICC Arbitration Users ICC Arbitration embraces efficiency and procedural integrity—but real efficiency starts with the contract. Mediation clauses, when done right, can de-escalate conflict before it becomes legal war. When ignored or drafted poorly, they can become yet another source of friction. And as the Dutch case illustrates, even when mediation clauses are valid, enforcement may hinge on interpretation—raising the stakes for precision and consistency.

< Back < Previous | Next > Dispute Resolution Dispute Resolution Best Practices: Insights from Recent ICC Trainings in the Netherlands Ulrich Kopetzki 3 Apr 2025 The ICC recently conducted a two-day advanced dispute resolution training in the Netherlands, bringing together over 40 legal and business professionals to explore strategies for handling complex commercial disputes. Emphasizing early assessment, tailored approaches, and proactive use of ICC support services, the sessions highlighted ICC arbitration’s flexibility, global reach, and practical tools to streamline and enhance cross-border dispute resolution. Ulrich Kopetzki ICC Dispute Resolution Services recently delivered a specialized training program across major Dutch companies and law firms. Ulrich Kopetzki, Acting Director for Europe and Central Asia, shared insights into advanced dispute resolution strategies over two intensive days of sessions. The program brought together over 40 experienced legal and business professionals interested in expanding their dispute resolution toolkit. Through collaborative workshops and discussions, we explored nuanced approaches to complex commercial disagreements and exchanged perspectives on optimizing dispute management processes. This initiative supports our ongoing dialogue with the Dutch business community and highlights the evolving landscape of international dispute resolution. Frequently Asked Questions How can we draft more effective dispute resolution clauses? Arbitration offers flexibility to tailor proceedings to your specific needs. Starting with the ICC model clause, consider key strategic choices like seat of arbitration, expedited procedures, confidentiality requirements, and multi-tiered dispute resolution steps. Sometimes leaving certain issues undetermined maintains valuable flexibility. These customizations create a dispute resolution process aligned with your business relationship and industry needs, potentially saving significant time and costs if a dispute arises. What are the advantages of ICC arbitration specifically? ICC arbitration stands out for its global reach (operating in 140+ countries and multiple languages), institutional neutrality, and exceptional quality control through the Court’s award scrutiny process. Its century of experience, client-centric case management, and innovative rules create a level playing field for parties worldwide. This combination makes ICC particularly valuable for complex cross-border disputes requiring efficient, predictable, and enforceable outcomes. How can parties make best use of the ICC Court and Secretariat in an arbitration? The ICC Court and Secretariat offer comprehensive support beyond what’s explicitly stated in the Rules. Some valuable ways to leverage the Court and Secretariat include: 1. Seeking arbitrator selection assistance - When parties need help identifying potential arbitrators, the Secretariat or ICC Court can provide lists of candidates, initiate communication with potential arbitrators about their availability, or establish a list procedure where parties rank their preferences. 2. Requesting specific arbitrator criteria - Parties can jointly agree on criteria they want the ICC Court to consider when appointing an arbitrator, such as nationality, language proficiency, or particular industry expertise. 3. Understanding ICC Court decisions - Any party can request that the Court communicate its reasoning for decisions on jurisdiction, consolidation, arbitrator challenges, or replacements, enhancing transparency in the process. 4. Using the Secretariat as an intermediary - The Secretariat can facilitate communication between parties and the tribunal, especially for sensitive issues like concerns about fees, delays, or case management challenges. 5. Utilizing escrow services - Beyond holding the advance on costs, the Secretariat can provide escrow services for VAT payments, expert fees, or security for costs. 6. Document handling and confidentiality - The Secretariat can serve as a neutral depository for confidential documents, including sealed settlement offers, and ensure they’re only released at appropriate times. 7. Getting logistical support - Leverage the ICC Case Connect platform for document sharing, get help with hearing arrangements through the ICC Hearing Centre, or obtain assistance with visa applications for participants. 8. Requesting advance notice of awards - Parties can arrange to receive alerts when an award notification is imminent, or request specific timing for award delivery. 9. Post-award assistance - The Secretariat continues to provide support after the award is issued, including certified copies of documents, notarization, and letters reminding parties of compliance obligations.

< Back < Previous | Next > ICC Trade Register 2025 30 Oct 2025 Built on over USD 25 trillion in transaction data, the ICC Trade Register 2025 offers the most comprehensive insight into global trade and supply chain finance. Its findings confirm trade finance as a low-risk, high-impact asset class—and show how data-driven evidence continues to shape smarter regulation, sustainability, and competitiveness worldwide. ICC Trade Register 2025 The global benchmark for trade and supply chain finance For over a decade, the ICC Trade Register has provided the most authoritative, data-driven picture of global trade and supply chain finance. With aggregated data from leading international banks, now exceeding USD 25.7 trillion in transactions , it has become the industry’s reference point for understanding risk, guiding regulation, and shaping how trade finance supports the real economy. From data to policy impact The ICC Trade Register is more than a database: it is a strategic instrument for the financial system . Its empirical evidence has influenced major prudential reforms, ensuring that trade finance receives the risk-sensitive treatment it deserves under Basel III . Over the years, ICC data has: Demonstrated the short-term, self-liquidating nature of trade finance instruments, leading to the maturity flow waiver ; Supported a reduction in Credit Conversion Factors from 50 % to 20 % for performance guarantees in the EU and UK; Secured lower Required Stable Funding under the Net Stable Funding Ratio (from 10 % to 2.5 %); Helped regulators adopt Exposure at Default (EAD) instead of full nominal values for leverage ratio calculations. These outcomes are not abstract. They translate into 30–60 % capital savings , up to 90 % reductions in expected credit loss provisions , and EUR 1–2 million in annual liquidity savings for mid-size and large banks. A clearer view of trade finance performance The 2025 edition of the Trade Register provides insight into a trade landscape being reshaped by geopolitics, digitalisation and sustainability. Its findings confirm that trade finance remains one of the lowest-risk asset classes in banking, even amid uncertainty. Key trends include: Receivables finance is now the fastest-growing trade product, projected to expand at a 5.4 % CAGR through 2033 ; Sustainable trade finance continues to rise — 3.1 % of global transactions are clearly green, and 74 % show potential sustainability alignment; Digital trade is gaining legal force, with MLETR-based legislation now covering around 10 % of global exports; Artificial intelligence is moving from pilot projects to enterprise-wide tools, improving efficiency and compliance across banking operations. These shifts underscore how technology, regulation and sustainability are converging to redefine trade finance — turning it into both a growth engine and a channel for responsible investment. Membership: data, dialogue, and influence Participating in the ICC Trade Register gives banks access to exclusive benchmarking, early insights, and a direct voice in policy discussions. Members benefit from: Early access to the complete report and datasets; Peer benchmarking of trade finance portfolios; Members-only briefings on regulatory developments; Active participation in steering discussions that guide the industry’s collective advocacy. By contributing data, member institutions help build the evidence base that underpins future engagement with the Basel Committee , the European Central Bank , and other regulators, ensuring that the risk profile of trade finance is recognised fairly and accurately. “The ICC Trade Register has become the global benchmark for our industry, providing clarity, confidence and tangible impact.”Samuel Mathew, Chair of the ICC Trade Register and Managing Director, Head of Documentary Trade at Standard Chartered Accessing the Trade Register 2025 The ICC Trade Register can be downloaded instantly and digitally via 2go.iccwbo.org .Institutions can choose from four levels of access: global overview, regional breakdown, single-region detail, or full report with Loss Given Default (LGD) data. Financial institutions that wish to contribute data or join as members can contact the ICC Trade Register team directly. Learn more ICC Trade Register 2025 Brochure – Full overview of insights, membership and access options. ICC Trade Register Strategic Preview – A closer look at the data’s regulatory influence and the 2025 outlook. ICC Banking Commission – ICC’s global rule-making body for the banking industry.

< Back Thomas Stouten Houthoff Arbitrator Biography Thomasspecialisesin court litigation (including post-arbitration litigation) and international arbitration underthe auspices of the ICC, LCIA, SIAC, DIAC, UNCITRAL, ICSID, UNUM, and NAI. He has extensive experience in complex disputes, often with multi-jurisdictional aspects, covering a broad range of issues arising from both commercial and corporate transactions. Due to his international law practice, Thomas also worked at Houthoff's New York and London offices coordinating multi-jurisdictional disputes. The ICC World Council appointed Thomas as member of the ICC Court of International Arbitration in Parisforthe Netherlands. Thomas also acts as an arbitrator. He giveslecturesregarding arbitration and frequently speaks at arbitration conferences. He publishesin the Dutch Journal on Arbitration, the Dutch Journal on Property Law, Arbitration World (5th and 6th edition), the Dispute Resolution Journal of the AAA/ICDR and the Handbook on Third-Party Funding in International Arbitration. He was also recognised as one of the Future Leadersin the Netherlands by Who's Who Legal: Litigation and Global Arbitration Review, and Who’s Who Legal: Arbitration, in view of his capability in post-arbitration litigation and arbitration. Contact Details Netherlands +31 10 217 29 35 t.stouten@houthoff.com Additional Links Link About ICC Netherlands We ensure that Dutch business interests are heard and represented in international policymaking. We deliver tools and standards that simplify cross-border business like model contracts or Incoterms®. We support fair and efficient dispute resolution . Become a member Upcoming events Learn more Check our latest news! News Languages Spoken Dutch, English Specialisation Corporate Law / M&A, Commercial Transactions Bar Admission(s) Credentials CV

< Back < Previous | Next > Event Advance Integrity in Business – Join the Business Integrity Accelerator 5 May 2025 The UN Global Compact Network Netherlands and the International Chamber of Commerce (ICC) are launching the Business Integrity Accelerator (BIA)—a global program designed to help companies move beyond compliance and embed integrity into their core strategy and operations. UN Global Compact Network Netherlands and the ICC are excited to launch the Business Integrity Accelerator (BIA) — a global programme empowering companies to go beyond compliance and embed integrity at the core of their strategy, operations, and decision-making. Running from October 2025 to May 2026, this accelerator will guide companies in developing a concrete Action Plan to strengthen anti-corruption efforts across internal, external, and collective dimensions. Registration opens June 26 and runs through September 2025. The programme is open to companies of all sizes that participate in the UN Global Compact Network Netherlands. 👉 Not a participant yet? Explore how to join UN Global Compact NL 👉Already a member? Contact Jamie Holton to stay informed about registration: holton@unglobalcompact.nl

< Back < Previous | Next > Climate Change Post-UNOC3: Business Rallies for Ocean Action with Landmark Call to Policymakers 30 Jun 2025 Over 80 businesses and networks joined an ICC-led declaration at UNOC3, urging urgent action to protect ocean health as key to climate resilience and economic prosperity. The Business Call to Action outlines commitments and policy asks to scale sustainable ocean solutions and is open for more support. Over 80 businesses and networks unite behind ICC-led declaration to protect ocean health and strengthen global resilience. As the Third United Nations Ocean Conference (UNOC3) concluded earlier this month in Nice, the global business community made its voice heard with a clear message: safeguarding the ocean is essential to economic prosperity and climate resilience. In a joint Business Call to Action, more than 80 organisations from 25 countries—including 55 businesses representing over €600 billion in turnover and more than 2 million employees—urged both public and private actors to accelerate action to conserve and sustainably use the ocean. The initiative was co-convened by the International Chamber of Commerce (ICC), alongside key partners including the UN Global Compact, the World Economic Forum, Business for Nature, and the We Mean Business Coalition. 📄 Read the full Call to Action The Ocean Economy: Vital and Vulnerable The ocean supports over 3 billion people with food and livelihoods, facilitates 80% of global trade, and carries 95% of international data traffic. It also plays a critical role in regulating the climate and sustaining biodiversity. Yet its health is increasingly under threat. UNOC3 produced a high-level declaration and strong commitments on marine protection, sustainable fisheries, and marine pollution. But as ICC Secretary General John W.H. Denton AO noted, "We now need to match ambition with action." The Business Call to Action provides a framework for doing just that. Business Commitments The Call to Action highlights how businesses—regardless of whether they operate on land or at sea—can support ocean health and contribute to a thriving blue economy. Recommended actions include: Integrating ocean considerations into climate and nature strategies Contributing to ocean science and data-sharing Reducing pollution and promoting circularity across value chains Scaling investment in ocean innovation and sustainable blue finance Supporting a just transition, including skills and livelihoods for coastal communities Raising awareness and making the ocean a shared responsibility From clean shipping and offshore energy to blue biotechnologies and eco-tourism, companies are already moving—but the declaration urges faster, broader action. Policy Priorities To scale impact, the private sector also calls on governments to: Ratify and implement key agreements on fisheries subsidies, deep-sea mining, plastics, and climate-smart shipping Integrate ocean targets into national climate and biodiversity plans Invest in ocean science and strengthen science-policy interfaces Develop robust and innovative financing mechanisms—such as blended finance and blue bonds Plan for long-term coastal adaptation and sea-level rise With these steps, governments can help unlock the full potential of ocean-positive business models and strengthen economic and climate resilience worldwide. What’s Next The Business Call to Action remains open for additional signatures and serves as a concrete contribution to the post-UNOC3 momentum. ICC and its partners will continue to amplify business leadership and push for the enabling frameworks needed to deliver real-world results. A healthy ocean is the foundation for a resilient economy. Let’s work together to protect it—on land and at sea (John W.H. Denton AO, ICC Secretary General).

< Back < Previous | Next > Taxes Recent Developments in the World of Tax 17 Feb 2025 The ICC is at the forefront of global tax discussions, ensuring that businesses have a strong voice in shaping fair and effective tax policies. From VAT regulations to the development of a United Nations (UN) tax framework, ICC works to create a tax environment that fosters trade, investment, and economic growth. VAT & Tariffs The recent policy brief issued by the ICC clarifies the distinctions between VAT and import tariffs, emphasizing VAT’s positive role in global trade. This comes in response to concerns raised by the U.S. in the ‘Fair and Reciprocal Plan’ about VAT potentially discriminating against American businesses. In the VAT system, businesses act as intermediaries that collect and remit the tax at each stage of the supply chain, but the final cost is absorbed by the end consumer. This structure ensures that VAT is effectively a consumption tax, with each participant in the supply chain reclaiming the VAT on their inputs so that the tax burden accumulates only at the final point of sale. As a result, VAT, is inherently neutral and non-discriminatory toward foreign businesses, reinforcing its role as a fair and efficient mechanism in international trade.Recognising these benefits, the ICC has been at the forefront of these discussions, advocating for balanced VAT policies that help eliminate unnecessary trade obstacles. More information on the role of VAT in international trade can be found here. The UN Tax Convention: ICC Representing Business Interests In 2024, the United Nations General Assembly established an intergovernmental negotiating committee to draft an UN Framework Convention on International Tax Cooperation. This process, running from 2025 to 2027, aims to create a clear and fair global tax framework that improves cooperation between countries. On 16 August 2024, the UN Ad Hoc Committee approved the Terms of Reference for the convention, marking a significant milestone in the process of developing new cross-border taxation rules. This approval sets the stage for future negotiations, shaping policies that will impact businesses globally. ICC has been actively involved in these discussions to ensure that the convention: • Promotes tax certainty and aligns with existing international frameworks. • Encourages investment, job creation, and sustainable economic growth. • Includes meaningful engagement with businesses throughout the negotiation process. Key Concerns and ICC’s Advocacy Efforts During the negotiations, ICC Global Policy Lead on Taxation, Luisa Scarcella, welcomed the inclusion of stakeholder participation in the drafting process but expressed concerns over the absence of explicit taxpayer safeguards in the final text. Additionally, the ICC emphasized the necessity for broad international coordination to ensure consistency with existing frameworks. Concerns were also raised about the ambitious timeline for negotiating the taxation of crossborder services, particularly regarding its potential economic impact on developing countries. ICC’s Commitment to Business-Friendly Tax Policies The ICC remains committed to working closely with policymakers to ensure balanced and effective tax policies that support global trade and investment. By actively participating in UN negotiations and advocating for business-friendly tax frameworks, ICC is shaping a more predictable and fair international tax system. Stay informed about ICC’s tax initiatives and how we’re working to protect business interests worldwide. Timeline 2025 The following is a timeline of the ICC’s Global Tax Commission for the remainder of 2025, with all dates subject to final confirmation and potential adjustments.

< Back < Previous | Next > Trade & Investment Incoterms® 2020: Navigating Risk, Responsibility & Reality in Global Trade 3 May 2025 Incoterms® 2020 help businesses manage tariff and compliance risks in global trade by clearly defining who is responsible for transport, insurance, and customs duties. Strategic use can reduce seller exposure to tariffs, making these terms crucial tools in navigating today’s volatile trade environment. New Insight: Managing Tariff Risk with Incoterms® As outlined in our April 2025 guidance note “Using the Incoterms® 2020 Rules to Manage Tariff Risk in International Trade,” businesses can use Incoterms strategically to reduce exposure to unpredictable tariff changes. While Incoterms do not affect tariff schedules directly, they clearly allocate responsibility for customs duties and import formalities. This clarity becomes critical in volatile trade environments. Key Takeaways: • Only DDP (Delivered Duty Paid) places full tariff risk and cost on the seller. • All other rules (EXW, FCA, CPT, CIP, etc) shift import tariffs to the buyer. • Smart selection between DAP and DDP can make a difference when negotiating long-term contracts under changing trade regimes. Use cases: • Avoid seller exposure to future tariffs by shifting from DDP to DAP. • Use FCA or EXW to pass compliance burdens to better-prepared buyers. • Define roles clearly to reduce friction between logistics, legal, and finance. Understanding Incoterms® 2020: More Than Just Shipping Terms Incoterms® 2020 — shorthand for “International Commercial Terms” — are globally recognized rules to standardize obligations in international sales contracts. Incoterms clarify the responsibilities of sellers and buyers regarding transport costs, risk allocation, and logistics obligations at each point in the supply chain. While Incoterms do not govern ownership transfer or payment mechanisms, they serve as a common legal and commercial language that reduces ambiguity and friction in cross-border trade. • Who arranges and pays for transport and insurance? • Who handles customs clearance? • At what point does the risk transfer from seller to buyer? These are not trivial distinctions. Choosing the wrong Incoterm can lead to costly disputes, unpaid claims, or disrupted deliveries. The 2020 revision introduced updated insurance requirements, clearer allocation of security obligations, and a stronger recommendation to match Incoterms with the realities of modern logistics (like containerization). There are 11 terms, grouped as follows: Multimodal terms: EXW, FCA, CPT, CIP, DAP, DPU, DDP Sea/inland waterway-only terms: FAS, FOB, CFR, CIF Understanding the practical application of these rules is where professionals gain the most value — and where costly misconceptions often arise. Incoterms Gone Wrong: 5 Real Mistakes to Learn From Choosing the wrong Incoterm might seem like a small slip — until it leads to costly delays, damaged goods, legal disputes, or unexpected tax bills. Below are five real-world examples, often used in trade compliance training, that show just how easy it is to get it wrong — and how to avoid the same fate. Misapplying Incoterms® can create costly confusion over responsibility, risk, and compliance — even in otherwise well-structured contracts. While the examples above are fictional, they reflect common pitfalls seen in international trade and logistics. Understanding Incoterms® isn’t just a legal formality — it’s a frontline tool for avoiding preventable disputes in global commerce. Incoterms® in Action: Would You Get It Right? Test yourself! Incorrect use of Incoterms isn’t just academic — it leads to costly errors, disputes, and legal risk. Think you’re covered? Take this quick quiz and test your instincts on three real-world scenarios. You’ll find the correct answers and explanations at the end of this newsletter!

< Back Shawn C. Conway Conway Arbitration Arbitrator, Mediator Biography Shawn Conway’s expertise in international arbitration spans four decades, during which he has won significant cases in arbitrations involving companies from all over the world. He obtained decisions that continue to shape EU competition law while representing licensee Eco Swiss China Time Ltd. against Benetton International in arbitration as well as in multiple cases at the Dutch Supreme Court and the European Court of Justice. Being admitted to the bar in both the United States (the State of Illinois and the District of Columbia) and the Netherlands (Rotterdam) means Mr. Conway is an expert in both common and civil law. He has represented clients based not only in the United States and Europe, but in the former Soviet republics and throughout the Mideast and Asia as well. Educated in the United States, the Netherlands and Honduras, he is fluent in English, Dutch and Spanish. Moving beyond his success as a litigator and corporate counsel, Mr. Conway helped to found and lead multiple organizations promoting dispute resolution, including the Court of Arbitration for Art, the Netherlands Mediation Institute and the International Mediation Institute. His dedication to helping companies solve disputes in the most efficient, least disruptive, least costly way possible is well known in institutes and C-suites around the world. Contact Details Netherlands Conway@conwayarbitration.com Additional Links Link About ICC Netherlands We ensure that Dutch business interests are heard and represented in international policymaking. We deliver tools and standards that simplify cross-border business like model contracts or Incoterms®. We support fair and efficient dispute resolution . Become a member Upcoming events Learn more Check our latest news! News Languages Spoken English, Dutch, Spanish Specialisation Commercial, Construction, Contracts, Joint Ventures Bar Admission(s) Credentials CEDR, IMI CV

< Back < Previous | Next > ICC Calls for Government Action and Business Expertise to Strengthen Global Cyber Resilience 21 Oct 2025 As the UN prepares to launch a new Global Mechanism on cybersecurity, ICC urges governments to pair decisive action with business expertise to strengthen global cyber resilience. The private sector, operating on the front lines of digital defense, must be meaningfully included to ensure policies are practical, inclusive, and future-proof. ICC Calls for Government Action and Business Expertise to Strengthen Global Cyber Resilience On 21 October 2025, the International Chamber of Commerce (ICC) released a statement urging urgent government action and stronger cooperation with business to build cyber resilience. The call comes as the United Nations establishes a new Global Mechanism to continue discussions on responsible state behaviour in cyberspace. Expected to hold its first meeting in March 2026 , the mechanism will determine how governments collaborate to prevent and respond to cyber threats; and how meaningfully non-governmental stakeholders, including business, will be able to participate. Why it matters The stakes could not be higher. Cyber incidents increasingly disrupt economies, critical infrastructure, and essential services worldwide. Yet uncertainty remains around how the private sector, which designs, operates, and defends the digital infrastructure underpinning the global economy, will be included in the new UN process. “Without stronger global cooperation and practical, inclusive approaches to cybersecurity, the digital foundations of growth and trust will remain at risk.” ICC Statement, October 2025 ICC’s position is clear: achieving cyber resilience requires both government leadership and business expertise . The private sector’s evidence-based input is essential to ensure that international policies reflect operational realities and deliver practical, implementable outcomes. The ICC statement: “Cyber resilience needs government action and business expertise” “Ransomware shutting down hospitals. Attacks on energy grids disrupting entire regions. Cyber operations spilling across borders in times of geopolitical tension. These are no longer distant hypotheticals – they are today’s headlines. The accelerating pace and scale of cyber threats is a stark reminder that the resilience of our economies and societies depends on decisions we make now. Without stronger global cooperation and practical, inclusive approaches to cybersecurity, the digital foundations of growth and trust will remain at risk. Over the past five years, the United Nations Open-Ended Working Group (OEWG) has provided a valuable forum for dialogue among states on responsible behaviour in cyberspace. Its work has underscored the importance of consensus in such a sensitive area of international security, while also highlighting the complexity of building common ground in a rapidly evolving threat landscape. Crucially, the OEWG experience has shown that dialogue alone is insufficient. Operational resilience requires deeper engagement with those who build, defend, and innovate within the digital ecosystem every day. The establishment of a new ‘Global Mechanism’ to carry forward these discussions is a welcome step – but its success will depend on embedding inclusivity at its core. That means not only governments, but also meaningful participation from the private sector, civil society and academia. Global business has unique expertise and operational responsibility in this domain. Companies design, develop, build and operate the networks, defend against attacks, and innovate the technologies that power the digital economy. That is why the private sector’s voice is indispensable in shaping solutions that are practical, effective and future-proof. Governments can strengthen global cyber resilience by: Building strong national institutions to reinforce security in the use of ICTs; Developing legislation that supports international commitments while enabling digital trade and innovation; Enhancing resilience to mitigate cyber threats; Strengthening international cooperation and capacity-building, especially for developing economies; Protecting critical infrastructure and improving incident response; Improving supply-chain and product security; and Increasing transparency in the attribution of malicious activities. To realise this vision, we urge UN Member States to: Institutionalise meaningful stakeholder engagement in the design of the Global Mechanism; Leverage industry expertise in developing norms, confidence-building measures, and threat assessments; Prioritise transparency and accountability in negotiations and implementation; and Recognise the vital role of private actors in defending against cyber threats. The cyber domain cannot be secured by governments alone. The new Global Mechanism offers an opportunity to embed multistakeholder participation as a foundation for progress. Only through processes that fully integrate private-sector expertise can international frameworks achieve both legitimacy and operational impact. As global business, we stand ready to contribute constructively to the next chapter of cyber diplomacy. The threats are real, but so is our collective capacity to meet them – if we work together.” A call for Dutch engagement For the Netherlands the UN’s new Global Mechanism offers a critical opportunity to shape the international governance of cyberspace . ICC Netherlands invites its members and partners to help amplify this message by: Sharing ICC’s statement with relevant contacts in government Highlighting the importance of business expertise in cybersecurity and digital infrastructure resilience; Engaging with ICC Netherlands’ Digitalisation working group to explore how Dutch industry can contribute practical insights to global discussions.

< Back < Previous | Next > Trade & Investment The implications of a democracies-only trade pact 13 Feb 2025 New ICC analysis examines the economic implications of proposals to establish a trade system limited to democratic nations, finding such plans would trigger a tariff shock three times larger than the Smoot-Hawley Tariff Act of 1930 that significantly impacted global trade by raising US import duties on a wide range of goods. What’s being proposed? Recent proposals call for democratic nations to form an exclusive trading bloc. Our analysis, which assumes 25% tariffs on all non-qualifying countries, examines the scope and scale of this change. What does the analysis show? Scale of change : Would affect 4.3% of US GDP – compared to 1.4% under the Smoot-Hawley Tariff Act Tariff implications : Would increase average tariff on US dutiable imports from 7.4% to 21.8%, representing a rise of 14.4 percentage points, compared to 5.4 points during Smoot-Hawley Trade coverage : Would directly impact 93 countries accounting for US$1.2 trillion in US imports Why should businesses be concerned? Supply chain implications : Critical materials and manufacturing inputs would face steep new barriers Inflation risk : Higher tariffs on 38% of US imports would drive up prices, particularly for essential goods Retaliation threat : US exports to affected countries, currently over US$650 billion in goods or one third of all US exports, would be vulnerable to countermeasures

< Back < Previous | Next > ICC Netherlands roept Tweede Kamer op: versnel adoptie van digitale handelsdocumenten (MLETR) 1 Sept 2025 ICC Nederland heeft samen met een brede coalitie van bedrijven, banken en brancheorganisaties een whitepaper aangeboden aan de Tweede Kamer om snelle invoering van de UNCITRAL Model Law on Electronic Transferable Records (MLETR) te bevorderen – een stap die kosten bespaart, doorlooptijden verkort en de concurrentiepositie van Nederland versterkt. Op 1 September heeft ICC Netherlands, samen met een brede coalitie van bedrijven, banken en brancheorganisaties, een whitepaper aangeboden aan de Tweede Kamer over de adoptie van de UNCITRAL Model Law on Electronic Transferable Records (MLETR) . Wat op papier een technische wetswijziging lijkt, heeft in de praktijk enorme impact: het kan honderden miljoenen euro’s aan onnodige kosten besparen voor het Nederlandse bedrijfsleven , doorlooptijden verkorten met 6–10 dagen per exportproject , bureaucratie verminderen en onze concurrentiepositie als handelsland versterken . Handel als levensader van Nederland Internationale handel is cruciaal voor de Nederlandse economie: import en export samen vertegenwoordigen ruim €1,6 biljoen per jaar – bijna vier keer het BNP . Toch zijn veel cruciale documenten in de exportketen alleen rechtsgeldig op papier. Dit leidt tot vertragingen, hogere kosten en verlies aan efficiëntie. Concrete voordelen van MLETR Ons whitepaper laat zien dat digitalisering tastbare voordelen oplevert: ✅ Doorlooptijd verkort van 6–10 dagen naar <24 uur (succesvol getest door Havenbedrijf Rotterdam en Singapore in 2021). ✅ MKB-voordeel : tot 35% minder administratieve lasten. ✅ Internationale aansluiting : landen als het VK, Frankrijk, Duitsland en Singapore hebben hun wetgeving al aangepast – Nederland loopt achter. Sterker nog: het Verenigd Koninkrijk wil graag met Nederland digitale samenwerking versnellen, maar dat kan nu niet omdat 8 cruciale documenten wettelijk nog niet digitaal mogen worden verzonden . Oproep aan de politiek De oproep van ICC Netherlands en haar partners aan de Tweede Kamer is helder: Maak snel werk van de goedkeuring van wetgeving voor het elektronisch cognossement . Start direct het traject voor de overige 7 MLETR-documenten . Met dit whitepaper onderstreept ICC Netherlands, samen met haar partners, dat de digitale toekomst van onze handel nú begint. De Tweede Kamer kan dit in wezen met één wetswijziging regelen – en het bedrijfsleven staat klaar om te helpen. 👉 Lees hier het volledige whitepaper: Over dit initiatief Het whitepaper is opgesteld door vertegenwoordigers van ICC Netherlands, ICISA, ING Bank, Port of Rotterdam en andere betrokken experts , met steun van een brede coalitie van bedrijven, banken en brancheorganisaties. De adoptie van de UNCITRAL‘Model Law on Electronic Transferable Records’ in NL (6) .pdf Download PDF • 3.28MB